Thursday, July 16, 1998 Last modified at 12:58 a.m. on Thursday, July 16, 1998

McVeigh's lawyer asks court to delay appeal decision

DENVER (AP) - Timothy McVeigh's appeal of his death sentence should be delayed until a federal court decides whether promising leniency to criminal witnesses is illegal, his lawyer said Wednesday.

Defense lawyer Robert Nigh Jr. asked the 10th U.S. Circuit Court of Appeals to postpone its ruling on McVeigh until it first rules in another case that questioned the legality of government witness agreements.

McVeigh was convicted and sentenced to die in the April 1995 bombing of the Oklahoma City federal building in part because of the testimony of a former friend, Michael Fortier, who was promised leniency in return for his cooperation.

A controversial ruling issued by a three-judge panel of the 10th U.S. Circuit Court of Appeals earlier this month said the prosecution practice of recommending lighter sentences in return for cooperation amounts to the illegal buying of testimony.

The case is now before the full 12 members of the court.

"Mr. Fortier's agreement with the government to provide testimony in exchange for value was precisely the same type of agreement held to be unlawful by the panel decision," Nigh stated.

At the bombing trial, Fortier told of McVeigh's hatred of the government, described a trip they took to Oklahoma City before the bombing and McVeigh's plan to finance the bombing by selling stolen firearms.

Prosecutors opposed the delay, saying Nigh was trying to improperly bolster McVeigh's appeal more than two months after the court heard arguments.

McVeigh was convicted of murder, conspiracy and weapons-related counts. His former Army buddy, Terry Nichols, was convicted of involuntary manslaughter and conspiracy and sentenced to life in prison.

Fortier was sentenced to 12 years in prison after pleading guilty to failing to notify authorities about the bombing plot, transporting stolen weapons and lying to FBI agents.